This blog has stressed (most recently here and here) the importance of carefully drafting incentive compensations plans to avoid unintentionally converting incentive compensation into earned “wages” protected under state law. Another recent decision, this one from the Court of Appeals for the Seventh Circuit reinforces the employer benefits of careful drafting. Lawson v. Sun
effective date
DOL Policy Statement Delays (Government) Enforcement of Home Care Overtime Rule
In response to pressure from state governments and others fearing the increased cost of home care services, the Department of Labor announced Tuesday that it would delay its own enforcement of the new rule requiring that previously-exempt “companions” receive minimum wage and overtime. The DOL’s Policy Statement stated that the DOL would not…
NY Dept. of Labor Issues Proposed Regulations Concerning Wage Deductions
The New York Department of Labor has issued proposed regulations interpreting revised New York Labor Law § 193, concerning permissible deductions from wages. The proposed regulations are available here, and are scheduled to be published in the May 22, 2013 issue of the State Register, with public comments regarding their content accepted until…
Governor Cuomo Signs Into Law Amendment to NY Deductions Statute
Governor Cuomo has signed into law the recently-passed bill amending New York Labor Law § 193. Based on the signature date of September 7, the new law – expanding the scope of permissible deductions under Section 193 to include, among other things, recoupment of overpayments to employees – takes effect on November 6, 2012. At present…
New York Construction Industry Misclassification Law Takes Effect – Provisions Include Required Posting
As previously discussed here, the New York legislature recently enacted the Construction Industry Fair Play Act. The law is effective tomorrow. In sum, the law provides that an individual providing services in the construction industry only qualifies as an “independent contractor” under the Act, if s/he meets the following test:
(1) [the worker] is free…